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Uganda v Nabulime Stellah and Others (Criminal Sessions Case No. 660 of 2019) 2022 UGHCCRD 170 (2022-05-16)

High Court · [2022] UGHCCRD 170 Conviction Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance criminal trial arising from Makindye Court Criminal Case No. 005 of 2019. A1 and A3 pleaded guilty and were sentenced earlier; A2 pleaded not guilty and proceeded to trial.
Decision
A2 convicted and sentenced to 16 years and 8 months imprisonment after deduction of remand period

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A2 Ojambo Isma was convicted of aggravated robbery. The prosecution proved theft of the victim's property, use of violence causing grievous harm during the robbery, and A2's participation as the driver of the Uber vehicle used in the robbery. A2's defence and alibi were rejected. The victim identified A2 on three separate occasions and A2 admitted in his charge and caution statement that he boxed the victim and drove off with co-accused after dragging the victim out of the car.

Outcome

A2 convicted and sentenced to 16 years and 8 months imprisonment after deduction of remand period

Facts

On 26 December 2018 at Munyonyo, Kampala, the victim Mulindwa Joseph invited his friend A1 Nabulime Stellah for drinks at Auto Spa. During the interaction, A2 Ojambo Isma sat next to the victim. After A1 suggested taking an Uber home, two men including Ojambo waved them into a car. Ojambo was the driver. On the way to drop A1, they drove to an unfinished gate where Ojambo stopped on A1's orders. Two men emerged from an unfinished fence area and began punching the victim. The victim pepper-sprayed them. Ojambo, who had not been sprayed, turned and punched the victim. The victim ran out of the car. A1 took the victim's belongings including wallet, credit cards, professional licence, bag containing 80,000 USD, 2 iPhones, power bank, USB cable, 4 perfumes, body sprays and clothes. The victim sustained lacerations on the right eyebrow and multiple injuries on the forehead and left jaw, classified as grievous harm. A1 was arrested and led police to A2. A2 was arrested driving the same car used in the robbery. A2 admitted in his charge and caution statement that he was the Uber driver and boxed the victim. Police recovered most of the stolen items including the two phones which A2 admitted selling to one Bubakari.

Issues

  1. Whether there was theft of property belonging to the victim.
  2. Whether there was use or threat to use violence before, during or after the robbery.
  3. Whether there was use or threat to use a deadly weapon, or causing of grievous harm or death during the robbery.
  4. Whether the accused person (A2 Ojambo Isma) participated in the commission of the offence of aggravated robbery.

Orders

  • A2 Ojambo Isma found guilty and convicted of aggravated robbery contrary to sections 285 and 286(2) of the Penal Code Act.
  • A2 sentenced to 20 years imprisonment.
  • Period of 3 years and 4 months spent on remand deducted from the sentence.
  • Net sentence of 16 years and 8 months imprisonment to be served starting from date of judgment.
  • Convict advised of right of appeal against conviction and sentence within 14 days.

Rules and key headnotes

Criminal Law & Procedure — Burden of Proof — Standard of Proof Beyond Reasonable Doubt
In all criminal cases the prosecution has the burden of proving the case against the accused beyond reasonable doubt. The burden does not shift to the accused person and the accused is only convicted on the strength of the prosecution case and not because of weaknesses in his defence. The accused does not have any obligation to prove his innocence.
Criminal Law & Procedure — Aggravated Robbery — Elements to be Proved
On a charge of aggravated robbery, the prosecution has the burden to prove the following elements beyond reasonable doubt: (1) theft of property belonging to the victim; (2) use of violence or threat of use of violence during the theft; (3) possession of a deadly weapon during the theft; and (4) participation of the accused in the theft.
Criminal Law & Procedure — Aggravated Robbery — Grievous Harm as Aggravating Factor
Under section 285 of the Penal Code Act, where at the time of or immediately before or immediately after the time of the robbery, an offender is in possession of a deadly weapon or causes death or grievous harm to any person, this constitutes aggravated robbery. Use of violence resulting in grievous harm or death and possession of a deadly weapon are aggravating factors of robbery. A conviction for aggravated robbery can be sustained even where no deadly weapon is exhibited, if the prosecution proves that the victim sustained injuries classified as grievous harm.
Evidence — Identification Evidence — Absence of Mistaken Identity Where Multiple Encounters
There is no possibility of mistaken identity where the victim closely identified the accused person on three different incidents: seeing him a few hours before the crime, sitting in the co-driver's seat while the accused drove, and closely exchanging blows with him at the scene of crime.
Evidence — Confessions — Admissibility of Charge and Caution Statement Where Signature Disputed
The rationale of conducting a trial within a trial in cases of contested charge and caution statements is to establish if the accused actually made the statement at will. Where the accused denies the signature on the charge and caution statement but the court notes that the accused's signature on court record under the preliminary hearing is similar to that on the charge and caution statement, and where the statement is not objected to on grounds that the accused was forced to sign, there is no need to conduct a trial within a trial.
Criminal Law & Procedure — Sentencing — Deduction of Remand Period
In accordance with Article 23(8) of the Constitution and Regulation 15(2) of the Constitution (Sentencing Guidelines for Courts of Judicature) (Practice) Directions 2013, the court must deduct the period spent on remand from the sentence considered appropriate, after all factors have been taken into account.

Legislation cited (6)

Cases cited (2)

  • Ssekitoleko v Uganda [1967] EA 531
  • Miller v Minister of Pensions [1947] 2 ALL ER 372

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Uganda v Nabulime Stellah and Others (Criminal Sessions Case No. 660 of 2019) 2022 UGHCCRD 170 (2022-05-16)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.